Where a defendant has negligently created a situation endangering life or property, he may be liable to a claimant who suffers injury as a direct result of attempting a rescue1. The duty to a rescuer is independent of any duty to the party rescued2. A rescuer may also have a claim against another who unsuccessfully attempts rescue if that has led to an increased danger3. The rescuer can only recover where the rescue attempt is reasonably foreseeable4. A rescue attempt by someone with a professional responsibility to assist the public, for example a policeman5, fireman6 or doctor7, will be
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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